No. 21-555

Benjamin A. Appleby v. Kansas

Lower Court: Kansas
Docketed: 2021-10-15
Status: Denied
Type: Paid
Response Waived
Tags: alleyne due-process fourteenth-amendment judicial-discretion jury-trial legislative-directive liberty-interest procedural-due-process resentencing sentencing-enhancement sixth-amendment
Key Terms:
DueProcess FifthAmendment FourthAmendment HabeasCorpus CriminalProcedure Punishment JusticiabilityDoctri
Latest Conference: 2021-11-12
Question Presented (from Petition)

1. Whether the Fourteenth Amendment's guarantee of procedural due process is violated when a State supreme court refuses to enforce its legislature's directive that all prisoners subjected to the State's unconstitutional judicially-decided enhanced-punishment scheme must be resentenced, thereby depriving those aggrieved of a valuable, statutorily-vested liberty interest.

2. Whether the Sixth Amendment's guarantee of a trial by jury requires a remand for a full resentencing trial after an Alleyne violation is recognized.

Question Presented (AI Summary)

Whether the Fourteenth Amendment's guarantee of procedural due process is violated

Docket Entries

2021-11-15
Petition DENIED.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-19
Waiver of right of respondent Kansas to respond filed.
2021-10-13
Petition for a writ of certiorari filed. (Response due November 15, 2021)

Attorneys

Benjamin Appleby
Jonathan Louis LauransJonathan Laurans, Esq., Petitioner
Kansas
Kristafer Ross Ailslieger — Respondent